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Judge sets aside divorce decree after finding procedural problems and conflicting terms in Dunham settlement
Summary
A judge granted Michael Dunham's Rule 60 motion, vacating the final divorce decree, marital dissolution agreement and parenting plan after finding contradictory language about mortgage and support obligations and procedural problems involving counsel and alleged coercive messages.
Judge David D. Wolfe granted a Rule 60.02 motion Wednesday to set aside the final decree of divorce, the marital dissolution agreement (MDA) and the permanent parenting plan in Dunham v. Dunham, reinstating the case on the court's active docket.
The court found multiple procedural and substantive problems in the way the agreement was reached and recorded, and said the agreement contained contradictory provisions about who must pay the mortgage and whether spousal support payments were intended to cover mortgage, utilities and taxes.
"The marital dissolution agreement contains significant contradictory language regarding his financial obligations," Judge Wolfe said in announcing the ruling. He also said the parenting plan relied on an erroneous child-support calculation that used a monthly income figure the court found unsupported by the payroll evidence.
The dispute before the court began as a Rule 60.02 motion by Michael Gregory Dunham asking the court to set aside the November agreement and final decree on grounds that ranged from alleged misrepresentation and fraud in…
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